To establish the
requirements sufficient to satisfy the Utah Uniform Probate Code.

Applicability:

This rule applies to guardians and
conservators with the following exceptions:

This rule does not apply if the guardian or
conservator is the parent of the ward.

Paragraph (1) does not apply to the guardian
of a minor if the guardianship is limited to the purpose of attending school.

Paragraph (1) does not apply to a
conservator licensed under the Title 7, Chapter 5, Trust Business, to a guardian
licensed under §75-5-311(1)(a), or to the Office of Public Guardian.

Paragraphs (6)(A),
(6)(B) and (6)(C) do not apply to the guardian of a minor if the guardianship
is limited to the purpose of attending school. A person interested in the minor
may request a report under Utah Code Section 75-5-209.

Paragraph (6)(D)
does not apply to the guardian of a minor if the minor’s estate is deposited in
an account requiring judicial approval for withdrawal or if there is no estate.
A person interested in the minor may request an accounting under Utah Code
Section 75-5-209.

Statement of the Rule:

(1) Before entering an order appointing a
guardian or conservator, the court shall require the guardian or conservator to
file a verified statement showing satisfactory completion of a court-approved
examination on the responsibilities of a guardian or conservator.

(2) The guardian shall keep contemporaneous
records of significant events in the life of the ward and produce them if
requested by the court. The conservator shall keep contemporaneous receipts,
vouchers or other evidence of income and expenses and produce them if requested
by the court. The guardian and conservator shall maintain the records until the
appointment is terminated and then deliver them to the ward, if there is no
successor, to the successor guardian or conservator, or to the personal
representative of the ward’s estate.

(3)(B) “Interested persons” means the ward,
if he or she is of an appropriate age and mental capacity to understand the
proceedings, the ward’s guardian and conservator, the ward’s spouse, adult
children, parents and siblings and anyone requesting notice under Utah Code
Section 75-5-406. If no person is an interested person, then interested person
includes at least one of the ward’s closest adult relatives, if any can be
found.

(3)(D) “Serve” means any manner of service
permitted by Utah Rule of Civil Procedure 5.

(3)(E) “Report” means the annual report on
the status of the ward required by Utah Code Section 75-5-209 and Section
75-5-312.

(3)(F) “Ward” means a minor or an incapacitated
person for whom the court appoints a guardian or a protected person for whom
the court appoints a conservator.

(4) Subject to the requirements of Paragraph
(5):

(4)(A) forms substantially conforming to the
forms produced by the Utah court website are acceptable for content and format
for the report and accounting filed under the Utah Uniform Probate Code;

(4)(B) a corporate
fiduciary may file its internal report or accounting; and

(4)(C) if the
ward's estate is limited to a federal or state program requiring an annual
accounting, the fiduciary may file a copy of that accounting.

(5) The report, inventory and accounting
shall contain sufficient information to put interested persons on notice of all
significant events and transactions during the reporting period. Compliance
with Paragraph (4) is presumed sufficient, but the court may direct that a
report or accounting be prepared with content and format as it deems necessary.

(6)(A) The guardian shall file with the
appointing court a report on the status of the ward no later than 60 days after
the anniversary of the appointment. The guardian shall file the report with the
court that appointed the guardian unless that court orders a change in venue
under Utah Code Section 75-5-313. The reporting period is yearly from the
appointment date unless the court changes the reporting period on motion of the
guardian. The guardian may not file the report before the close of the
reporting period. For good cause the court may extend the time for filing the
report, but a late filing does not change the reporting period.

(6)(B) The guardian shall serve a copy of
the report on all interested persons with notice that the person may object
within 30 days after the notice was served.

(6)(C) If an interested person objects, the
person shall specify in writing the entries to which the person objects and
state the reasons for the objection. The person shall file the objection with
the court and serve a copy on all interested persons. If an objection is filed,
the judge shall conduct a hearing. The judge may conduct a hearing even though
no objection is filed. If the judge finds that the report is in order, the
judge shall approve it.

(6)(D) If there is no conservator, the
guardian shall file the inventory and accounting required of a conservator.

(7)(A) Within 90 days after the appointment,
the conservator shall file with the appointing court the inventory required by
Utah Code Section 75-5-418. For good cause the court may extend the time for
filing the inventory.

(7)(B) The conservator shall serve a copy of
the inventory on all interested persons with notice that the person may object
within 30 days after the notice was served.

(7)(C) If an interested person objects, the
person shall specify in writing the entries to which the person objects and
state the reasons for the objection. The person shall file the objection with
the court and serve a copy on all interested persons. If an objection is filed,
the judge shall conduct a hearing. The judge may conduct a hearing even though
no objection is filed. If the judge finds that the inventory is in order, the
judge shall approve it.

(8)(A) The conservator shall file with the
appointing court an accounting of the estate of the ward no later than 60 days
after the anniversary of the appointment. The conservator shall file the
accounting with the court that appointed the conservator unless that court
orders a change in venue under Utah Code Section 75-5-403. The reporting period
is yearly from the appointment date unless the court changes the reporting
period on motion of the conservator. The conservator may not file the
accounting before the close of the reporting period. For good cause the court
may extend the time for filing the accounting, but a late filing does not
change the reporting period.

(8)(B) The conservator shall serve a copy of
the accounting on all interested persons with notice that the person may object
within 30 days after the notice was served.

(8)(C) If an interested person objects, the
person shall specify in writing the entries to which the person objects and
state the reasons for the objection. The person shall file the objection with
the court and serve a copy on all interested persons. If an objection is filed,
the judge shall conduct a hearing. The judge may conduct a hearing even though
no objection is filed. If the judge finds that the accounting is in order, the
judge shall approve it.

(9)(A) The conservator shall file with the
court a final accounting of the estate of the ward with the motion to terminate
the appointment.

(9)(B) The conservator shall serve a copy of
the accounting on all interested persons with notice that the person may object
within 30 days after the notice was served.

(9)(C) If an interested person objects, the
person shall specify in writing the entries to which the person objects and
state the reasons for the objection. The person shall file the objection with
the court and serve a copy on all interested persons. If an objection is filed,
the judge shall conduct a hearing. The judge may conduct a hearing even though
no objection is filed. If the judge finds that the accounting is in order, the
judge shall approve it.